Plain language law

New Zealand law explained for everyone

Trade Marks Act 2002

Process for obtaining registration of trade mark and other matters - Applications - Amendment of application

38: When Commissioner or court may amend application

You could also call this:

"The Commissioner or court can fix mistakes in trade mark applications, but some rules may limit this"

If you make a mistake when applying for a trade mark, don't worry. The Commissioner or the court can fix any errors in your application. They can do this at any time, even after they have accepted your application. However, there is one exception to this rule. The law says that Section 37(2)(b) is more important than this rule about fixing errors. This means that in some cases, they might not be able to fix certain mistakes.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164601.

Topics:
Business > Intellectual property
Previous

37: Withdrawal, etc, of application, or

"You can take back or change parts of your trade mark request"

Next

39: Examination of application, or

"The Commissioner checks if your trade mark application follows the rules"

Part 3Process for obtaining registration of trade mark and other matters
Applications: Amendment of application

38When Commissioner or court may amend application

  1. The Commissioner or the court, as the case may be, may at any time (whether before or after acceptance) correct any error in connection with the application.

  2. Section 37(2)(b) overrides subsection (1).